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Are my civil rights being violated and what are my options?

Asked over 2 years ago - Deltona, FL

My HOA voted not to do certain projects in our subdivision but some members decided to do it anyway and tried to assess everyone to pay for additional costs. I refused to pay and requested the minutes of the HOA meetings (via certified mail) documenting the no vote. The HOA president did not give the requested documents within 10 days which is specified by FL statute and also results in a $500 penalty to the HOA which is due me. The HOA refuses to pay the penalty which is a FL statute. If I sue, I can also recover attorney fees per statute. Is the HOA violating my civil rights?

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Attorney answers (1)

Carlos Gonzalez

Reputation Level 16

Answered over 2 years ago. Criminal Defense Attorney in New York, NY.

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Civil rights, and Civil claims are two diffrent things. Civil RIghts are generally defined as those inhernt rights to the person... such as freedom from discrimination, from abuse of state process... etc. - A civil claim is anything that falls within the scope of the civil court, such as law suits and real estate matters.

I would suggest that while you may have a civil claim under Florida statute, there may be no civil right being violated... as opposed to a civil statute, which again you very well may have a remedy under.

I would suggest speaking to an attorney in your immediate are to further discuss whether you have a valid claim on this matter.

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